AG: Man shot to death on Father's Day near Syracuse's Skiddy Park was armed

Syracuse, NY -- The man shot to death during a barrage of gunfire at Skiddy Park on Father's Day was armed, the state Attorney General's Office said this afternoon.

Gary Porter, 41, who also went by the name Terry Maddox, had a weapon, the AG's office said. That takes the investigation out of state hands.

"Based on the evidence collected during our review, including eyewitness accounts that support the officer's statement that the decedent was armed, we have determined that this case is outside the jurisdiction conferred upon the Attorney General's office under the Executive Order."

The AG only investigates deaths of unarmed civilians at the hands of police. The AG's office did not say whether Porter was struck by a bullet from Officer Kelsey Francesmone who fired at least once that night.

The Onondaga County District Attorney's Office, which had been collaborating with the state AG's office, will now take over the case. DA William Fitzpatrick issued a statement this afternoon:

"I spoke to Attorney General (Eric) Schneiderman this morning and he informed me that his office would no longer be participating in the investigation.

"My office has worked very closely with the AG's Office since the date of the shooting. We continue to work with SPD and our Forensic Science Center to gather all the eyewitness and forensic evidence to determine exactly what happened.

"When that investigation is completed the matter will be presented to a Grand Jury consistent with my long established office policy and once that body makes its findings, the Chief and I will give a full and transparent account of what happened."